Social Security (Administration) (Trial Variation of Percentage Amounts) Determination 2016 (Cth)

Social Security (Administration) (Trial - Variation of Percentage Amounts) Determination 2016

Social Security (Administration) Act 1999

I, ALAN TUDGE, Minister for Human Services, acting under subsection 124PJ(3) and subsection 124PJ(4) of the Social Security (Administration) Act 1999 make this Determination.

Dated: 9 March 2016

ALAN TUDGE

Minister for Human Services

______________________________________________________________

1. Name of Determination

   This Determination is the Social Security (Administration) (Trial - Variation of Percentage Amounts) Determination 2016.

2. Commencement

   This Determination commences on the day after it is registered on the Federal Register of Legislation.

3. Cessation

   This Determination is taken to have been repealed at the end of 30 June 2018.

4. Interpretation

   In this Determination:

   Act means the Social Security (Administration) Act 1999.

   cashless welfare card means a debit card issued to a participant and which is linked to an account that is a welfare restricted bank account.

   intervening occurrence means:

   (a)a technological fault or malfunction with a participant's cashless welfare card;

   (b)a technological fault or malfunction with a participant's welfare restricted bank account; or

   (c)a natural disaster.

   participant means a trial participant or a voluntary participant.

   urgent payment means a payment of a person’s social security periodic payment under subsection 43(1) of the Act which is made before the person’s usual payment date because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances.

   Note: Pursuant to paragraph 13(1)(b) of the Legislation Act 2003 (Cth), expressions used in this determination have the same meaning as in the Act.

5. Application

   For the purposes of paragraph 124PJ(4)(a) of the Act, the varied percentage amounts set out in section 6 of this Determination apply both:

   (a)in respect of a class of person comprising participants who are the subject of a determination by the Secretary under section 7 of this Determination; and

   (b)in relation to any trial area.

6. Variation of percentage amounts

   For the purposes of subsection 124PJ(3) of the Act:

   (a)the percentage amount in paragraph 124PJ(1)(a) of the Act is varied to 0% of the gross amount of the payment;

   (b)the percentage amount in paragraph 124PJ(1)(b) of the Act is varied to 100% of the gross amount of the payment; and

   (c)the percentage amount in subsection 124PJ(2) of the Act is varied to 0% of the gross amount of the payment.

7. Classes of persons—determination by Secretary

   The Secretary may determine that a participant is in a class of persons to whom this Determination applies if:

   (a)the Secretary is satisfied that the participant is unable to use his or her cashless welfare card or access the participant's welfare restricted bank account as a direct result of an intervening occurrence; or

   (b)the Secretary is satisfied that the participant is a participant to whom a restrictable payment is payable in instalments, and that any part of the restrictable payment is payable as either:

   (i)an urgent payment; or

   (ii)an advance payment pursuant to section 51 of the Act.